Takeaway and delivery: what you need to know - Kuits Solicitors Manchester

Takeaway and delivery: what you need to know

Takeaway and delivery: what you need to know

30th March 2020 - Published by Licensing team

Following the Government’s announcement that all pubs and restaurants must close, there has been some confusion as to the continued offering of takeaway and delivery services.

The business closure regulations that implement this policy provide two choices for businesses within the food and drink sector – either close completely, or cease the sale of food/drink for consumption on the premises. Since the announcement, off-licences have specifically been added to the Government’s list of essential retailers.

If you are already offering takeaway/delivery services of either food or alcohol, or are considering doing so, here is a summary of what you will need to consider from a licensing perspective.

In terms of food, you should consider the times that you intend to provide it. The provision of hot food/drink is licensable between the hours of 23:00 and 05:00 daily as late night refreshment. If you are providing food outside of those hours, nothing is needed from a licensing perspective. If you are providing food during those hours, you will need to check whether your premises licence permits late night refreshment and whether this is permitted outdoors (i.e. for consumption away from your premises).

Whilst the government has formally relaxed planning restrictions so that business which have previously provided food on the premises only are now able to offer takeaway/delivery without need for a change of use application, no such relaxation has been forthcoming in respect of late night refreshment restrictions on a premises licence.

You will also need to check your licence conditions as to whether there are any conditions that restrict the ways in which you are permitted to provide late night refreshment.

In terms of alcohol, you will need to check whether your existing licence permits the sale of alcohol for consumption off the premises, or ‘off sales’. Again, you will also need to check your licence conditions to make sure that there are no specific restrictions in terms of the way you are permitted to provide off sales.

If you are in any way unsure as to what your existing premises licence permits you to do throughout this period, you should contact the Licensing Team on 0161 838 7888 or contact us here.

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